1910.38(c)(3): Emergency Plan Procedures for Critical Operations Staff
An emergency action plan must include procedures for employees who stay behind to run critical plant operations before they evacuate.
Key takeaways
- 1910.38(c)(3) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart E).
- OSHA cited it 13 times in the last 3 years, in 13 inspections, with $9,711 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: MA (3), IA (2), AK (2).
- Related part: 1910.38(c) Minimum elements of an emergency action plan (113 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.38(c)(3) is one requirement inside 1910.38 Emergency action plans, an OSHA general industry standard (Part 1910, Subpart E). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(3) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; 13 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.38.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.38(c)(3).
At 2:27 p.m. on September 23, 2024, Employee #1 was restraining a child who was attempting to harm themself or others. During the restraint, Employee #1 began experiencing a heart attack. Coworkers initiated CPR and called emergency services. Employee #1 was transported for medical treatment…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 3 |
| 2025 | 7 |
| 2026 | 3 |
Top states: MA (3), IA (2), AK (2), PR (1), KY (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| PREMIUM IOWA PORK, LLC | HOSPERS, IA | $7,032 |
| ALUMINIOS DE PUERTO RICO LLC | HUMACAO, PR | $1,260 |
| PROSPECT CHARTERCARE SJHSRI, LLC | NORTH PROVIDENCE, RI | $949 |
| CITY OF MILFORD | MILFORD, CT | $270 |
| DAMPNEY COMPANY, INC. | EVERETT, MA | $200 |
Free toolbox talk
A 5-minute crew talk on 1910.38(c)(3), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Requirements for emergency response and planning under the Process Safety Management Standard. (2003-06-24)
Related parts of this rule
- 1910.38(c) Minimum elements of an emergency action plan 113 citations
- 1910.38(c)(2) 45 citations
- 1910.38(c)(6) 17 citations
- 1910.38(c)(1) 15 citations
- 1910.38(c)(4) 14 citations
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Frequently asked questions
What does this part of the emergency action plan cover?
Procedures for employees who remain to operate critical plant operations before they evacuate.
Is this a written part of the plan?
It is one of the minimum elements the emergency action plan must include.
Do critical operations staff still evacuate?
Yes. The procedures cover what they do before they evacuate.
About this page
Sources
- 29 CFR 1910.38 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-21
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.